District of Massachusetts IP Blog

MEDIACLOUD Dispute Starts Federal

Ramp Holdings, Inc. (Woburn, MA) has sued Daylife, Inc. (New York, NY) for trademark infringement from competing uses of the mark MEDIACLOUD for speech and audio recognition services.  

Ramp had previously sued a California competitor for federal trademark infringement in state court.  It probably now realizes such claims are better off being filed in federal court at the outset.   

Ramp Holdings, Inc. v. Daylife, Inc., 11-11664-NMG (D. Mass. Sep. 20, 2011)

Fresenius Files ANDA Case Against InvaGen

Fresenius Medical Care Holdings, Inc. (Waltham, MA) has sued InvaGen Pharm., Inc. (Hauppauge, NY) for infringement of Patent No. 6,576,665 following an ANDA submitted by InvaGen. 

Fresenius Medical Care Holdings, Inc. v. InvaGen Pharm., Inc., 11-11645-RGS (D. Mass. Sep. 16, 2011)

Mutually Agreed Claim Construction Terminates Case Years Later

Following a reversal by the Federal Circuit, Judge Gorton denied an attempt to revise claim constructions agreed upon by the parties in a dispute over blood separating centrifuges.  The defendant then moved for summary judgment of non-infringement.  Judge Gorton agreed that the devices were non-infringing and entered judgment, declining to reach the issue of whether the asserted claims were indefinite.  The case turned, as it always does, on claim construction: